Honduras: Constitutional Law Issues

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09/29/2009

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Describes errors in arguing that Honduras had a constitutional continuation and not a military coup.
The National Congress, directed by Mr. Robert... (More) Describes errors in arguing that Honduras had a constitutional continuation and not a military coup.
The National Congress, directed by Mr. Roberto Micheletti Bain, elected the 15 members of the current Supreme Court in January of this year, 2009, from a list of attorneys presented by Mr. Micheletti to the Congress.
On June 29th, 2009, the National Congress of Honduras interpreted president Zelaya’s disapproval, as removal of president Zelaya. The Congress then elected Mr. Micheletti, its president, as the president of Honduras based on a subjective absolute absence of President Zelaya, while President Zelaya’s absence was not absolute. It was, instead, forced and temporary, as he was violently taken out of his office and expatriated by the Army, a day before.
The National Congress also had a letter of resignation by President Zelaya under consideration. The letter was signed three days before the coup. This resignation consequently would drop charges and close President Zelaya’s case.
These National Congress actions were taken after a Congressional Decree dated Monday 29, 2009, at 12:45 AM - a day after President Zelaya was removed violently from his office and expatriated by the Army on Sunday June 28th at 5:30 AM.
The Supreme Court failed to address the original Executive Orders of President José Manuel Zelaya Rosales and allowed the Honduran lower Court of Letters and the Contentious Administrative to deal with the constitutional matter beyond the competence of this Court. The Supreme Court of Honduras played a passive and facilitative roll in such a high priority and serious case.
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